Terms & Conditions

The present deed is an agreement between the 'USER' user of services provided by the EggFM as mentioned in the policy page and 'EggFM'. This deed will be known as 'Agreement' hereinafter.

Using the EggFM services and by submitting the information on the information page of EggFM as also stated in the policy, the user hereby acknowledges that he/she has read, understood and agrees to be bound by this Agreement. This Agreement is a legal agreement between the user and EggFM and all the terms stated hereunder apply to the user, whether the user is a registered user, a visitor visiting the site of EggFM. If the user does not agree with this Agreement, the user is advised not to accept this agreement and not to use the EggFM (in short EGG) Service in any manner.

Definitions:

A. EGG: means the company EggFM
B. Service: As mentioned in clause 01.
C. Content: Any comment, image, GIF, emoji either manually or electronically etc. uploaded by the user on the application of EGG.
D. Objectionable Content: means the content, which is vulgar, obscene, filthy, derogatory, defamatory, pornographic, abusive or punishable by any law, any abusive language, video, hate speech, racism, colouring remarks, anti-national, anti-religion, sign, expression, still photo. In case any abusive content as defined here is being displayed/streamed or made audible or uploaded, the same will also be considered as abusive content. It also includes the content arranged, managed or manipulated, forged, fabricated, hacked by the user or by any other person/third party, legal entity by any means or through any device, system, technology or from any place.

01. EGG has provided the policy for the user of its application at the website link http://egg.fm/privacy.html. Please read it carefully before using the EGG services. With the use of EGG services, the user agrees to the terms and conditions of said Policy and affirm that he/she has understood the same and accepted the same as correct.
The user can avail the Radio Listening Facility through EGG by various Products and as defined in the Privacy Policy.

All the services hereinafter provided are without any type of consideration except the paid features desired by the user. If at any time, the EGG thinks about charging any existing service or newly launched service, it will not be charged without the consent of the user. In such a situation, every user will have the right to choose any services either premium or free before availing the same. The services being provided to the user are as: -

01. EGG provides a platform to its users, through which a user can easily access any Broadcaster of the world, which is in the list of EGG. However, Broadcaster can stop its working at any time and the user will have no right to challenge it in any manner.
02. The EGG may provide its users, other knowledge through any process such as advertisements, banners, stickers etc. about more services to increase the area of knowledge of the user.
03. The EGG also provides the user to choose Broadcaster, favorites, they have listened to or in which he/she has expressed an interest.
04. The EGG also provides users the service to choose to connect social media accounts with his/her account profile.
05. The EGG or its advertising partners use user's usage habits to improve its service and personalized experience.
06. EGG provides users an option to comment on the radio channels. Said comment may be in text, image GIF, emoji etc.
07. EGG has launched its premium ad-free service, which also includes an additional feature as Car Mode feature.
While commenting on radio channels, users are restricted from making objectionable comment/s. The objectionable comment shall be deleted immediately after coming to the knowledge of EGG. Users may be blocked or suspended from using the EGG services on uploading objectionable comments. Users shall have no objection to blocking/suspending of his/her account due to upload of objectionable content.

On demand, EGG will provide the information of the user, who uploads the objectionable content over the application of EGG to any public authority of Govt. of India or of the country suffered due to said objectionable content.

EGG shall not be responsible in any manner for said objectionable content. However, EGG may claim damages from the user, who dilutes the image/reputation of EGG and causes harassment or loss of valuable time of EGG due to uploading of objectionable content.

02. Since this agreement is written in simple English language, so, the EGG has no liability to translate into the any particular/specific language of user and while accepting the terms of this agreement, it will be believed that the user has accepted the terms of this agreement after going through it in his/her own language/vernacular.
03. The EGG at its sole discretion may change the terms of this agreement at any time and after making changes in any clause of the agreement or the entire agreement, the changed clause/s will be posted on the site and application. The use of EGG services will be deemed to be acceptance of said terms by the user without any objection. No separate consent is required for that purpose. The user will not raise any dispute regarding the change of any term of this agreement, however, the user can request the EGG to re-consider the view of change of any term or can stop using the services of EGG. The EGG encourages its users to check the policies of EGG on the Applications or Site regularly and frequently.
04. By using the services of EGG, the user has granted permission to the EGG to communicate the user via email, contact number, contact sources or app push notification, other communication network whose information has been provided/shared by user or any other process as per the convenience of EGG about the use of EGG services.
05. EGG has been authorized by the user to answer to his/her any query/question, Any update about the service, Any promotional information about the EGG services etc., Information regarding promotion of features, app, account, or transactions or Third Party information on EGG through any communication mode as mentioned in clause 03.
06. The services of the EGG are free to the users except the premium services desired by the user. A user cannot claim any benefit, if it occurs to the EGG from the use of EGG services either free or premium by the user.
07. While purchasing a premium service, the EGG does not ask the user to share/give any type of account details

i. User may purchase the premium service through App or other other channels of EGG. While purchasing the premium services through iOS or Android Apps, the payments will only be processed by Apple or Google, as applicable. EGG accepts various forms of payment, as specified during sign-up. Tax/es,if any, will be levied on the premium services from the user. The premium will be charged in the currency of the country of the user OR as convenient to Apple or Google.
ii.From time to time, EGG in its sole discretion may offer trials of Subscriptions for a specified period free-of-charge or at a reduced rate (“Trial”). The length of any Trial may vary. Trials may be offered for new and certain former Subscribers only. EGG may also withdraw or modify any Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
iii. The first day following the end of Trial or, if the user is not eligible for a Trial, then the day of purchase of premium service by the user shall be the first day of billing cycle (“Billing Date”). Applicable premium will be charged automatically on the first day following the end of the Trial period, on a recurring monthly or annual basis, unless the user cancels the applicable subscription before the end of the Trial.
iv. EGG may re-launch the premium service/s for the cost more than being paid earlier, but the existing users having premium services will not be charged more than they are paying.
v. Subscription will be renewed automatically on completion of earlier billing cycle. No subscription is allowed to cancel or refund, once paid. However, the premium services may be canceled any time in the month and the same will be effective only from the first day of the next billing cycle.
vi. On failure to pay the renewal subscription fee, premium services will be deactivated with immediate effect.

08. User understands and agrees that this Agreement is entered into without any consideration. Whenever, the EGG decides to charge from its users anything for all or any services being provided by it, the same will be informed by the EGG to the users on its site and application with 15 days prior notice.
09. EGG may change, add or remove features and functionality of its services without notice of the user. EGG reserves the right to discontinue some or all of the features either temporarily or permanently. The user is hereby agreed that that EGG shall not be liable to the user or to third party for any change, discontinuance of its services either temporarily or permanently. In case of non-satisfaction of the user, he/she may at his/her sole discretion to discontinue or terminate the use of the EGG service as described herein.
10. To use the EGG services, the user is strictly bound to provide the information as required by the EGG and it is made clear upon the user that every information provided by him/her will be deemed as correct information. The user is responsible for providing false information to the EGG and EGG then can take any action against such user. In case of false or incomplete information provided by the user, the EGG apart from taking action can also block the services of said user and the user will be responsible for the losses and expenses, if occurred to the EGG due to providing false information to it.
11. The user is responsible for maintaining the confidentiality of its name, password and other information and for all activities that occur under his/her username or account, In case of false information, the user agrees to be notified immediately on account of illegal and unauthorized access to the use of EGG services and for false information.
12. The user cannot delete the information provided by him/her to the EGG while agreeing the terms of this agreement nor will he/she ask the EGG to do so, however, the EGG at its sole discretion can delete the same at any time without the consent or knowledge of the user.
13. Without providing the sought information and without giving free and voluntary consent over the terms of this agreement and privacy policy, the user cannot avail EGG services.
14. The user agrees that the EGG may communicate with him/her electronically regarding security, privacy, and administrative issues in respect of use of EGG. If EGG ever finds any breach on the part of the user, the EGG reserves its right to notify the user electronically by posting a notice on the Site and/or Applications and sending an email notice to the user on the email address provided by the user.
15. EGG takes certain precautions to protect their users' information. While submitting information by the user, the same is protected both online and off-line. However, there is unfortunately no way yet for the industry to guarantee that such information is entirely secure. Users are responsible for securing the confidentiality of their password and account, and are fully responsible for all activities that occur under their password or account. It is strongly recommended that users take extra precautions when receiving files from unfamiliar third parties (i.e., via email), as they may be harmful
16. The EGG has also provided a service to the user to add another Broadcaster on the list of EGG, which is not in its list. But, after adding Broadcaster subject to its approval by EGG and no objection from Broadcaster, the user cannot claim any benefit from the EGG on the pretext that it was his act to give EGG a new Broadcaster. Further, the EGG does not give licence to its users to add or to make an attempt to add anything false, abusive etc, which is illegal or not transpired as per the provisions of law of the state as defined in the policy on the application, website or software of EGG. Adding any abusive, false, unauthorized etc. electronic material in the application, software will amount to alteration of Electronic Record and in that eventuality, the EGG has the right to prosecute/sue the user. Opportunity of being heard may be provided to the user before prosecuting/suing him/her at the sole discretion of EGG.
17. The user has agreed that he/she will comply with all the codes of conduct, policies or other notices provided by the EGG. The user also agreed that he/she will comply with all the laws, rules and regulations in connection with use of EGG services and will not ever violate such laws, rules or regulations.
18. Users are agreed that EGG will not be responsible or liable for any injury, loss or damage incurred due to use of EGG services by the use or access to any third party content on or through the EGG services.
19. User is hereby agreed that the Broadcasting material is protected by the copyright law of its State along with other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly. The user will use the services provided by the EGG only for his personal use.
20. EGG does not control the decision of a Broadcaster to institute such copyright protection mechanisms/actions.
21. EGG has given the spaces/access to the advertisement agency on its apps, applications, software etc. and at all the platforms, from where the user can listen to the radio channels or which can be seen on the apps etc. while installation of the same or playing the radio channels. At such spaces, said advertisement agency may directly post or it can further authorize someone to post any advertisement as it deems fit good for it. Said agency has assured the EGG that it will work as per the law of state. Posting, deleting, hiding the advertisements or promotions of any product or company on the applications, websites and its allied tools or services are not in the control of EGG. Neither EGG will be held responsible for the posting of any advertisement on its apps etc. nor it can be held liable towards the user for posting the same nor will the user take any action or step before any public, private, judicial, Govt. or Semi-Govt. or NGO regarding the posting of any advertisement as stated here.
22. Downloading of software of EGG is subject to the acceptance of terms and conditions of EGG policies and this agreement. But, merely downloading of software is not licensed by the EGG to its users that said software/ application will work as per the mental satisfaction of the user. The EGG will not be at fault due to non-downloading of the software and the EGG will not be responsible for the networking errors.
23. The user will not make any effort to alter the software or application or any other process of EGG in any manner nor will he try to injure the EGG or its software etc. by virus or by any other manner, with which the software etc of the EGG may suffer problem or error of any type.
24. The user will never claim any royalty or benefit of any type from the EGG due to use of EGG services or increase of its users or the income, if any earned by the EGG from its service in any manner.
25. The information provided by the user and operation of the EGG may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to EGG's vendors and hosting partners (if any) to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the EGG Service. So, the user agrees to be solely responsible for adequate security, protection and backup of his/her content/information. EGG will have no liability for any unauthorized access or use of any of the content of the user, or any corruption, deletion, destruction or loss of any content of the user. EGG shall have no obligation to keep the contents/information of the user confidential and the user hereby authorizes EGG to make every part of his/her content public at any time subject to the EGG Privacy Policy.
26. The parties to this agreement may terminate this agreement at any time. Said Termination does not include the violation of terms by the user, but only means the un-installation of the application of software of EGG by quitting the services of EGG.
27. The right to avail the services of EGG is non-transferrable. The user shall not or shall not allow another person through his/her mobile to copy, modify, translate, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software of the EGG. Transferring the services of EGG by any user in any manner shall be deemed to be an offence. EGG retains all right, title, and ownership of the Software, EGG services, copyrights and trademarks. Any use of the EGG services other than as specifically authorized herein is strictly prohibited. Any right not expressly granted herein is reserved by EGG.
28. The EGG does not provide any warranty or guarantee on its any service or on all the services like uninterrupted, timely, secure, virus-free or error-free; nor does EGG make any warranty as to the accuracy or reliability of any information obtained through it.
29. The EGG will not be the party nor can it be made/implead party to any dispute or any relations whatsoever between users of the EGG services against each other or between the user/s of EGG services and users of any other company or service provider of same or similar software application.
30. The user and EGG have agreed that in case of any dispute, they or each of its subsidiaries, affiliates, predecessors in interest, successors etc. will only prefer the way of arbitration to resolve the dispute by referring the dispute to the sole arbitrator appointed by the EGG in view of the provisions of Indian law i.e. Arbitration and Conciliation Act 1996.
31. The fee for arbitration will be paid by the party raises disputes and it will be decided at the time of appointment, which will be fair in all manners and the arbitration will be final.

I have gone through this Agreement of TERMS OF USE, EGG's Privacy Policy (http://egg.fm/privacy.html) and other contents on its website (https://egg.fm). So, after going through all, I accept the terms and conditions stated above.